July 13, 2026
Delay, delay but we are not going away!
On 22 May, our lawyers (Rook Irwin Sweeney and 39 Essex Chambers) received a response from the government’s Legal Department to our second Letter Before Claim (sent 1 May - see previous case update).
First, the good news. The Secretary of State (SoS) has agreed to consider convening a clinical committee to explore a specialised service for very severe ME sooner than April 2027. To recap, the government suddenly announced a delay until at least April 2027 - as if people on the brink of death can wait. We asked them to convene the committee immediately, and to implement interim measures to protect people with Myalgic Encephalomyelitis (ME) from preventable death, inhuman and degrading treatment, and interference in private and family life.
The SoS’s decision to bring consideration forward is a win, thanks to all the supporting evidence supplied to us by people facing immediate threat from ongoing NHS neglect all over England and Wales. Legal time frames gave us no time to allow for pacing submission of this evidence, which was excellent but led some into a crash (acute Post Exertional Malaise). We appreciate the sacrifice, and hope everyone is well enough again now to be able to read this update.
The Government Legal Department rejected the rest of our claim -- and we firmly reject their reasons for doing so. They demonstrate a lack of understanding of the issues at hand, including the immediate risks from NHS care to the safety of people with severe and very severe ME. We asked for the clinical committee to be convened by 5 June 2026.
On 4 June, our lawyers received a reply to our demand offering nothing more than a reiteration of their previous letter. This is the agonisingly slow process our excellent legal team are engaged with. They fully understand the suffering people with ME endure every day. Together we will not accept legal provocation as an excuse for the extra layer of anguish imposed by Government delay. Our claim is based on extensive evidence. Government's defence is grounded on nothing more than its unending failure to take responsibility for scrutinising it more closely.
If going to court is the only way to establish these failings, so be it. We have nothing to lose and everything to gain. We remain incredibly grateful for the generous support of all our donors. Please share this update widely, there will be more to come.
Justice for ME campaign team